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Technology, media, and telecommunications (“TMT”) as an overarching sector has experienced sustained growth and turmoil for a number of years characterised by cross-border collaboration, expansion, consolidation and, of course, innovation. The sector (and in particular the telecommunications sector) remains a focus for direct investment and capital demands for the underlying infrastructure such as full fibre … Read more
Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. In this issue, we consider various court decisions which cover topics such as the limitation period for enforcement of foreign awards, the arbitrability of fraud, ‘patent illegality’ as a ground to set aside awards, and granting of interim directions against non-signatories to … Read more
The new, state-of-the-art Japan International Dispute Resolution Centre (JIDRC), officially launched in October 2020. Following the opening of the JIDRC Osaka two years ago, the launch of their new Tokyo facilities highlights Japan’s continued ambitions to become a leading seat for international arbitration. David Gilmore, Craig Shepherd and John Ribeiro from our international arbitration practice in Japan discuss the key features of … Read more
For the first time, the Courts of the Dubai International Financial Centre (“DIFC”) have issued an anti-suit injunction in favour of a party to pending DIFC-LCIA arbitration proceedings restraining the Defendant from pursuing litigation proceedings in the “onshore” Dubai courts (the local courts outside the economic free zones within the Emirate of Dubai). The decision … Read more
The Mediation in Arbitration Survey is now closed and we are very grateful to the more than 50 mediators who have shared their experience with Herbert Smith Freehills and the London Chamber of Arbitration and Mediation. The survey covered the current take-up of mediation in international arbitration, the stages of the dispute at which such … Read more
Sovereign wealth funds invest across a range of asset classes and engage in capital markets and loan transactions. Their engagement in these activities is consistent with that of any other commercial actor. However, the connection between a sovereign wealth fund and the State by which it has been created raises the question of whether the … Read more
In A v D [2020] HKCFI 2887, the Hong Kong Court of First Instance refused to extend time for the applicants (the “Applicants”) to apply to set aside an arbitral award on the basis that the Applicants failed to give any satisfactory explanation for their delay in making the application. The Court further found that, … Read more
The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group II (Arbitration and Conciliation/Dispute Settlement) (“WGII“) has published the advance copy of its report (the “Report“) on the discussions held between 21 and 25 September 2020 during its 72nd session. The Report provides details about the discussions around various issues, including: (i) the form … Read more
On 27 November 2020, the Chinese Supreme People’s Court and the Hong Kong Department of Justice signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (Supplemental Arrangement). The Supplemental Arrangement modifies and supplements the existing Arrangement Concerning Mutual Enforcement of Arbitral Awards between the … Read more
